Health Care Complaints Commission v Konigson [2021] NSWCATOD 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Health Care Complaints Commission v Konigson [2021] NSWCATOD 186 Hearing dates: 13 September 2021 Date of orders: 18 November 2021 Decision date: 18 November 2021 Jurisdiction: Occupational Division Before: R C Titterton OAM, Senior Member S Smiltnieks, Senior Member D Gorman, Senior Member A Gray, General Member Decision: 1. Ms Konigson's registration as an enrolled nurse is suspended for a period of 3 months from the date of this decision. 2. The following conditions are imposed on Ms Konigson's registration: (a) to practice under indirect supervision in accordance with the Nursing and Midwifery Council of New South Wales regulatory supervision policy (as varied from time to time) and as subsequently determined by the appropriate review body; (b) to nominate a supervisor for approval by the Council, within 14 days of commencing work or as specified by the Council; (c) to authorise the approved supervisor to provide written reports to the Council at monthly intervals, or as specified by the Council; (d) to practise no more than 32 hours per week; (e) not to work night duty (between 10.00 pm and 6.00 am); (f) not to work as a sole practitioner on any shift, ward or unit; (g) not to undertake agency nursing; (h) within seven days of a change in the nature or place of practice, Ms Konigson is to forward evidence to the Nursing and Midwifery Council of NSW that she has provided a copy of the full conditions to the nursing employer/s. (i) to authorise the Nursing and Midwifery Council of NSW to exchange information with current and future persons or organisations at places where the practitioner works as a nurse in Australia, regarding any issues arising in relation to compliance with these conditions. (j) Ms Konigson must only be employed as a nurse in circumstances where the employer has agreed to notify the Nursing and Midwifery Council of NSW of any breach of the conditions or unsafe practice; and exchange information with the Nursing and Midwifery Council of NSW related to compliance with the conditions. (k) Ms Konigson is responsible for the costs of complying with these conditions. (l) Ms Konigson is to forward evidence to the Nursing and Midwifery Council of NSW within seven days of the publication of these reasons that she has provided a copy of the Tribunal decision to her nursing employer/s. 3. The appropriate review body for the purpose of a review under ss 163 to 163C of the Health Practitioner Regulation National Law is the Nursing and Midwifery Council of NSW when Ms Konigson has a principal place of practice in NSW. 4. Sections 125 and 127 of the Health Practitioner Regulation National Law are to apply while Ms Konigson's principal place of practice is anywhere in Australia other than NSW, so that a review of these conditions can be conducted by the Nursing and Midwifery Board of Australia. 5. Ms Konigson is to pay the Commission's costs as agreed or assessed. Catchwords: PROFESSIONS AND TRADES – health care professional - nurse – where practitioner admits she is guilty of unsatisfactory professional conduct and not professional misconduct – appropriate protective orders Legislation Cited: Health Practitioner Regulation National Law (NSW) No 86a – ss 125, 127, 163 to 163C Cases Cited: Bar-Mordecai v Health Care Complaints Commission [2002] NSWCA 192 Chen v Health Care Complaints Commission [2017] NSWCA 186 Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250 Health Care Complaints Commission v Ryken [2016] NSWCATOD 58; ' Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Kesserwani [2020] NSWCATOD 65 Health Care Complaints Commission v Philipiah [2013] NSWCA 342 King v Health Care Complaints Commission [2011] NSWCA 353 Law Society of NSW v Foreman (1994) 34 NSWLR 408 Lindsay v Health Care Complaints Commission [2010] NSWCA 194. Lucire v Health Care Complaints Commission (No 2) [2011] NSWCA 182 New South Bar Association v Meakes [2006] NSWCA 340 NSW v Stanley [2007] NSWCA 330 Qasim v Health Care Complaints Commission [2015} NSWCA 282; Sabag v Health Care Complaints Commission [2001] NSWCA 411 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111 Category: Principal judgment Parties: Health Care Complaints Commission (Applicant) Samantha May Jean Konigson (Respondent) Representation: Solicitors: Health Care Complaints Commission (Applicant) NSW Nurses & Midwives Association (Respondent) File Number(s): 2021/00113493 Publication restriction: The Tribunal made an order pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW), prohibiting the disclosure to any person or entity of the names, addresses or any other identifying information of any person referred to as a patient (namely Patients A to Q) in the evidence in the proceedings.